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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> suicide
Feb 04
2010

Ask a Divorce Lawyer: I'm afraid my depressed wife might be of harm to herself and my kids. Can I get custody because of this?

Posted by Matt Allen in suicide , Jennifer Paine , custody , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question: I am 36 and have been married for 18 years. We have three children ages ranging from 10 to 15. My wife was diagnosed with depression after twice she contemplated suicide 5 or 6 years ago. She was on medication for a year then took herself off the meds. 

If I file for divorce, I am afraid for my kids since her mood swings are so bad. 

Would that be a feasible reason to get custody of my children because I fear she may flip out one day and kill herself?

Oct 05
2005

Ask a Lawyer: Restraining order for her boyfriend

Posted by Dads Divorce in Visitation , TX , suicide , restraining order , Parenting , medication , divorce , custody , child , boyfriend , Ask A Lawyer

Question:

My wife and I are in the process of a divorce. We have signed divorce, agreement and child custody papers and awaiting the final date. Wife is a pathological liar and cheated and is still dating a guy. The lies have now caused me to question the boyfriend's ability to be allowed around my 6-year-old daughter. Wife claimed he attempted to rape her one night, that he threatened to commit suicide (was going thru his own divorce) and the times he called the house and I spoke to him he was drunk. My wife's allegation of attempted rape was told to me and a mutual friend. She now claims it was a lie and that he no longer drinks and the suicide threat was a cry for help. I have asked during our separation that he be kept away from our daughter on the nights wife has her. Until recently this was met. Wife also is on anti-depressants and is prone to emotional outbursts. Is it possible to obtain a restraining order protecting my daughter from boyfriend based on the items I described? In our agreement I have kept custody of house as family residence, no alimony and agreed to daughter's education, medical etc. These items are also being kept in mind in regards to restraining order until divorce is final. Please help a confused, caring dad.

Answer:

I cannot answer your question specifically to the laws and statutes of Texas as I am not licensed in that State. Generally a restraining order is appropriate for a child only when the child is threatened. In the description, your Wife would have grounds for a retraining order, but many judges would not enter one on behalf of the child as she was not threatned, abused or neglected. I would suggest that you consider filing for a temporary order inside the divorce that sets forth restrictions on the boyfriend's contact with the child. The result would be the same as a retraining order, but would likely take more time to obtain. You could consider requesting the appointment of a Guardian Ad Litem to protect the interest of your child.
Nov 29
1999

Ask a Lawyer: Wife is suicidal

Posted by Dads Divorce in TX , temporary , suicide , mental , Legal Strategy , health , custody , Ask A Lawyer

Question:

Let me start out by saying I dont wan't to be divorced - my information is well documented on forum threads - yesterday my world came falling apart and I am in a bad place. Suffice it to say my wife called me at 1:00 and told me I needed to come home for the sake of the children -- I arrived home and she told me to take the girls somewhere so we could talk about our relationship - told me to take them to day care -- I agreed and left the house. I drove on my way to the day care but just felt that I should go back home - I turned around to go back and I got upstairs and she had cut both of her wrists - in earlier years she had taken about 20 tylenol pm with rampant thoughts of suicide and she then began to cut herself - arms and legs mostly - she has deep scars - I called 911 and they took her to the hospital - she refused to see me - called me all night telling me how much she hates me-- full of cursing and disdain - she is beligerent and violent - they transferred her to a mental unit and she is still there right now and the doctor is in the process of getting a court order to keep her there for evaluation against her will - she called me all night at least once an hour to tell me how much she hated me and despised me and I ruined her life and it was all my fault etc. and she told me to get her as much money as I possibly could and for me to file divorce first thing this morning. She says she has no rights or she would have already filed herself. She asked me to take money and her car up to the hospital and leave it there and she would leave all assets to me the three girls - the house etc - she just wanted as much money as I could come up with, -- as stated I dont want to be divorced - but I am more than concerned for the welfare of my children - if I am forced to file for divorce due to her request and to beat her to it since I am certain she will -- even though she is irrational in thought and behavior - I maintain the slightest hope that she will get the help she needs and become who she once was -- is that possible? Am I fooling myself ? should I file now and seek joint conservatorship with myself being designated as the one who has the last say regarding residency etc.?

Answer:

I think you should file as soon as possible and try for temporary orders that the children reside you until you can be sure she has returned to a normal mental state. Also if things get better and you want to reconcile, you can dismiss your case.